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Alabama 
Secedes from the Union 

An Address 

BY 

JUDGE WALTER B. JONES 

BEFORE 

The Brannon Historical Society 

OF THE 

Womans College of Alabama 
Montgomery 



THE PARAGON PRESS, MONTGOMERY 




STREET SCENE IN MONTGOMERY IN EARLY FIFTIES 






Alabama Secedes from the Union 

An Address by Judge Walter B. Jones before the 
Brannon Historical Society of the 
Woman's College of Alabama 
Montgomery 

If you had been in Montgomery on the fateful night of Tues- 
day, November 6, 1860, you would have seen the streets of the 
little city, for then it had only 12,000 people, thronged with citi- 
zens and visitors. They were of all sexes, classes and colors; 
men, women and children, professional men, tradesmen, me- 
chanics and planters ; whites and blacks, all serious and anxious. 

They jostled and crowded each other on the sidewalks. Mar- 
ket Street (now Dexter Avenue) was filled with horsemen and 
the fine equipages of the wealthy. The lobby of the Exchange 
Hotel was packed, and the adjoining sidewalks jammed with hu- 
manity. Men and women stood anxiously around the telegraph 
office, and hundreds were about the newspaper offices eagerly 
scanning each bulletin. Large groups gathered about Estelle 
Hall. The people generally so happy and carefree, wore looks 
of disquietude that night, and there was an unwonted serious- 
ness brooding over the city. 

What was the cause of all the anxiety ? Why were the multi- 
tudes so grave that night of November 6, 1860? Do you ask me? 

A presidential election had been held that day, and the people 
were waiting to know who was to be the future head of the na- 
tion. It was a most momentous election, for that day's decision 
would shake the very foundations of the government. The early 
hours of the evening had passed. The election returns were 
coming in slowly. It was now near midnight. The result of the 
election depended upon the vote of one State. 

New York had 35 electoral votes. Without her votes Abra- 
ham Lincoln and Hannibal Hamlin, whose pohtical teachings and 
principles were hostile to the people of Alabama and of the South, 
could not be elected. 

Election of Republican Candidates 

And so, as midnight came on Tuesday, November 6, 1860, the 
people of Montgomery awaited with deep concern the result of 
the balloting. No one could safely predict how New York would 
cast her votes. But now the time is at hand. The ballots have 
all been counted, and on every tongue is the question. How did 
New York vote? 

New York's votes went to Abraham Lincoln. The standard 
bearer of the Republican Party, elected on a political platform 
deadly inimical to the civilization of the South, would soon be 
president of the United States ; the affairs of the national govern- 
ment would soon be in the hands of the political foes of the 
South. 

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"The North had spoken," says James Ford Rhodes. "In every 
man's mind rose unbidden the question, What would be the 
answer of the South?" 

On December 5, 1860, when the electoral college met, Lincoln 
received 180 electoral votes, and his opponents 123 votes. He 
was now president-elect of the United States. 

Alabama Prepares to Meet the Issue 

The people of Alabama, in common with the people of the 
other Southern States, had anticipated the election of Mr. Lin- 
coln. Eight months before, on February 24, 1860, the Alabama 
Legislature with but two dissenting votes, had passed a joint 
resolution requiring the governor, in the event of the election 
of the Republican presidential candidates, to issue a call to the 
qualified voters of the State to gather at the ballot boxes of 
Alabama, and there to elect delegates to a convention of the State 
to "consider, determine, and do whatever in the opinion of said 
convention, the rights, interests and the honor of the State of 
Alabama require to be done for their protection." 

On December 6, 1860, Governor Andrew Barry Moore, obedient 
to the joint resolution of the legislature, called the election for 
delegates to the convention of the State. The election was held 
Christmas Eve, Monday, December 24, 1860. The delegates were 
summoned to meet on Monday, January 7, 1861. 

The Historic Convention Meets 

Many momentous events, helping to shape Alabama's destiny, 
have taken place in the historic Hall of the House of Representa- 
tives in the State Capitol at Montgomery, but no event occurring 
within its walls, has affected the life of the people of Alabama so 
profoundly as the Constitutional Convention which convened 
there in solemn session January 7, 1861. As its members stood 
with bowed heads in that nobly proportioned room, the morning 
sunlight streaming through its great eastern windows, and list- 
ened to the Reverend Basil Manly, a former president of the 
University of Alabama, open their deliberations with prayer, each 
understood his heavy responsibility. 

The minister stands there, by the speaker's chair on the dais, 
a scholarly figure, the snows of sixty-three winters upon his 
head, to dehver the most stately prayer ever heard within those 
walls. A deep hush settles upon the great hall. There is quiet 
on the floor of the convention, and not a sound is heard in the 
crowded galleries. The voices in the rotunda cease, and even 
the noises of the street seemed stilled. 

A Prayer for Grace and Wisdom 

And now the good minister's voice is heard, its well rounded 
tones reaching every part of the classic chamber: 

"We thank Thee for all the hallowed memories con- 
nected with the establishment of the Independence of the 
Colonies, and their sovereignty as States, and with the 
formation and maintenance of our government" — 

and now the voice of the divine is sorrowful as he expresses the 
disappointment of the South — a government 

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"which we had devoutly hoped might last, unperverted 
and incorruptible, as long as the sun and moon endure. 
Oh our Father, we have striven as an integral part of 
this great republic, faithfully to keep our solemn cove- 
nants in the Constitution of our Country; and our con- 
science doth not accuse us of having failed to sustain 
our part in the civil compact. 

"Lord of all the famihes of the earth; We appeal 
to Thee to protect us in the land Thou hast given us, 
the institutions Thou hast established, the rights Thou 
hast bestowed! And now, in our troubles, besetting us 
like great waters round about, we. Thy dependent chil- 
dren, humbly entreat Thy fatherly notice and care. 
Grant to Thy servants, now assembled, as the direct 
representatives of the people of this State, all needful 
grace and wisdom for their peculiar and great respon- 
sibilities at this momentous crisis." 
A few words more .... the prayer of the man of God is ended, 
and a great Amen ! swells and echoes through the huge hall. 

Some Distinguished Delegates Present 

The voice of Secretary Horn resounds through the room. He 
is calling the roll of delegates from the fifty-two counties of the 
State; the one hundred men elected delegates to the convention, 
the flower of Alabama's wisdom and courage, are all there, each 
in his place. Not one is absent. 

"Autauga," calls the secretary, and Dr. George Rives is the 
first delegate to go forward and sign his name to the convention 
roll. 

"Barbour," and three delegates go forward to the clerk's desk. 
One of them is the cultured Alpheus Baker, a gifted orator, 
soon to become a brigadier general in the Confederate Army. 

"Calhoun," calls the clerk, and one of the most effective de- 
baters in all Alabama moves to the desk to sign his name. He is 
George C. Whatley. In a few hours one of his resolutions, the 
first to be offered in the convention, will provoke heated debate. 
Within six weeks he will don a soldier's uniform, and before the 
year 1862 has seen its autumn, he will seal his devotion to Ala- 
bama with his life's blood on the battlefield of Sharpsburg. 

Again the secretary calls, this time, "Conecuh ;" and the oldest 
member of the convention, John Green, a veteran of the War of 
1812, now past three score and ten years, with eyes flashing and 
head erect, goes forward to put his name on the roll. He will 
be the only delegate from the southern part of the State to 
vote with the Co-operationists. His convictions are very intense, 
with twenty-three other delegates he will decline to sign the 
Ordinance of Secession after it is passed. 

John Tyler Morgan Answers for Dallas 

"Dallas," the clerk announces, and a handsome delegate, not 
yet thirty-seven years old, with the face and bearing of an aris- 
tocrat, moves to the desk. He is John Tyler Morgan. He will 
be a leader of the convention. Within two years General Robert 

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E. Lee will make him a Confederate brigadier. After the war 
he will take an honored part in restoring white supremacy, and 
for thirty years he will represent Alabama, ably, fearlessly and 
incorruptibly in the Senate of the United States. 

The call of the roll proceeds. "Lowndes," the secretary an- 
nounces. And James S. Williamson puts his name upon the roll. 
In a few minutes he will vigorously champion the Whatley Reso- 
lution calling for resistance to the Lincoln administration. In 
fifteen months he will die at the head of his company at Frazier's 
Farm, Virginia, defending the principles he loved in life. 

"Madison," the clerk calls. And two delegates, who are to lead 
the minority of the convention, go forward. One is a slender, 
erect man, about five feet ten inches in height. His eyes are dark 
and piercing, and his straight black hair, worn cavalier fashion, 
"gives a poetic expression to his pale and effeminate features." 
He is Colonel Jeremiah Clemmens, soldier, author and congress- 
man. He will lead the minority in the convention, but will 
finally vote for the Ordinance of Secession. The other delegate 
from Madison County is Nicholas Davis who comes as a strong 
Unionist. He has stumped Northern Alabama against Secession, 
and will fight against it in the convention. Later he will com- 
mand a battalion of Alabama infantry, and finally forsake the 
Confederacy. 

The Delegates from Montgomery 

Rapidly the secretary continues the call: "Mobile," is an- 
nounced. A muscular and well-built man arises, his expression 
grave, and goes to the clerk's desk. He is a former chief justice 
of the Supreme Court of Alabama, and his name is Edmund 
Spann Dargan. Another delegate from Mobile is Judge John 
Bragg, a brother of the famous General Braxton Bragg. 

"Montgomery," the secretary calls. The spectators in the gal- 
leries lean forward eagerly. The magic voice of Alabama's most 
polished orator, an eminent son, the leader of the Southern move- 
ment, replies 'present.' He is William Lowndes Yancey, and 
with great dignity he walks to the secretary's desk. On his arm 
is his colleague from Montgomery, a large, stout man, soon to 
be the Attorney General of the Confederacy and within two 
years, the Governor of Alabama. He is Thomas Hill Watts. 
There is an outburst of applause as the delegates from Mont- 
gomery sign their names on the roll. 

The call continues: "Perry," and delegate Wilham McLin 
Brooks goes forward. In a few minutes the Secessionists will 
elect him president of the convention. 

But a few counties are left now: "Sumter," the secretary 
calls. There is a stir in one end of the hall. A gentleman of me- 
dium stature, delicate build, and pallid complexion, goes to the 
secretary's desk. He is a former circuit judge, Augustus A. Cole- 
man. He was elected to the convention without opposition. Dur- 
ing the war he will become the gallant colonel of the Fortieth 
Alabama. 

"Tuscaloosa," calls the clerk. A former major-general of 
militia, a one-time Indian fighter, a scholar and a lawyer, Wil- 

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liam Russell Smith, arises and signs his name on the convention 
roll. Later he will compile a book containing the debates of the 
convention, and thereby render a most useful service to students 
of history. 

"Wilcox," announces the secretary. A soldierly figure arises 
from his seat and goes to the clerk's desk. He is Franklin King 
Beck. Less than four years later he v^ill lie dead in his gray 
Confederate colonel's uniform on the battlefield of Resaca. 

"Winston," drones the tired voice of the clerk. Delegate C. C. 
Sheets goes forward and enrolls his name. He will become a 
deserter from the Confederate Army. 

The call of delegates is finished. The convention is now ready 
to take up its grave duties. 

The Convention Begins Its Labors 

The convention proceeds at once to elect permanent officers. 
Franklin King Beck, of Wilcox, nominates Judge William McLin 
Brooks, of Perry County, an out-and-out Secessionist, and a very 
distinguished lawyer. 

As Delegate Beck takes his seat, a very tall and handsome 
man, with blue eyes and dark hair, a gallant veteran of the Mex- 
ican War, Nicholas Davis, of Madison County, arises to present 
the choice of the minority for president of the convention. This 
was a distinguished Alabamian who was then the most influential 
opponent of secession, a man of splendid intellect and great force 
of character, Robert Jemison, Jr., of Tuscaloosa, a strong Co- 
operationist. No other nominations are made and the vote is 
soon taken and announced. 

Every delegate elected to the convention has voted, except 
the nominees. Fifty-three of the delegates have cast their votes 
for Secessionist Brooks and forty-five have voted for Co-oper- 
tionist Jemison. The Secessionist candidate for president of the 
convention is thus elected by a majority of eight votes, and the 
result foretells the action the people of Alabama in convention 
assembled will take when the Ordinance of Secession is presented 
for a vote. 

The Vote a Test of Strength 

Smith, in his invaluable "History and Debates of the Conven- 
tion of Alabama," writes: 

This was the entire vote, and was a test of the rela- 
tive strength of parties — there being, including Mr. 
Brooks, fifty-four who favored immediate secession, and 
forty-six, including Mr. Jemison, who were in favor of 
consulting and co-operating with the other slave-holding 
states. 

The Convention's First Debate 

The first debate in the convention came when Mr, Whatley, 
of Calhoun County, who favored Alabama's immediate seces- 
sion, introduced a resolution for the purpose of ascertaining the 
view of the convention upon the question of submission or resis- 
tance to Lincoln's administration. "If we shall determine for 

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resistance, as no doubt we will," argued Mr. Whatley, "then the 
next step will be, what kind of resistance shall we offer?" 

Several of the delegates objected to the wording of the reso-. 
lution. Said William Russell Smith, of Tuscaloosa: 

It is proclaimed that this is intended as a test; the 
test as to submission! The intimation is ungenerous. 
It is inconsistent with the desires of harmony and con- 
ciliation that have been openly expressed here by all 
parties. It is an injudicious beginning of our deliber- 
ations. 

It is true that it has been ascertained by the elections 
which have just been had here, that we are in a 
minority. I am of that minority, but I do not associate 
with submissionists ! There is not one in our company. 
We scorn the prospective Black Republican rule as much 
as the gentleman from Calhoun, or any of his friends. 

Clemens Objects to Motives Behind Resolution 

Jeremiah Clemens, a leader of the Co-operationists, also spoke 
against the resolution. He did not object to its terms declaring 
that the people of Alabama would not submit to be parties to the 
inauguration and administration of Mr. Lincoln, but he did object 
to the avowed motives which prompted the introduction of the 
resolution. 

"I am no believer in peaceable secession," said he. "I know 
it to be impossible. No liquid but blood has ever filled the bap- 
tismal font of nations. The rule is without an exception, and he 
has read the book of human nature to little purpose who expects 
to see a nation born, or christened at any altar but that of the 
God of battles." 

Mr. Clemens continued: "I do not concede the right of any 
man to make a test for me. No man shall make it; and if his 
purpose be to ascertain the real sense of this convention upon 
the subject matter of his resolution, I tell him that he has 
adopted the wrong course, and his effort will end in failure. For 
one, I shall take the responsibility of voting NO !" 

After further discussion the resolution was amended and unan- 
imously passed in the following form: 

Resolved by the People of Alabama in Convention 
Assembled, That the State of Alabama can not and will 
not, submit to the administration of Lincoln and Hamlin, 
as president and vice president of the United States, 
upon the principles referred to in the preamble. 

The Convention Deliberated in Secret 

I doubt if there has assembled at any time within the United 
States any body of men more profoundly impressed with the 
seriousness of the duties entrusted to them, or more determined 
that their deliberations should be conducted with order and 
decorum than was this convention. On its first day a resolu- 
tion was introduced which proves this. When Yancey and Watts 
went forward to the clerk's desk to enroll their names as dele- 
gates they were greeted with a burst of applause. 

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John Tyler Morgan, of Dallas, promptly offered a resolution 
that the members of the convention should abstain from applause 
on all occasions ; and that all demonstrations of applause in the 
galleries should be strictly prohibited. On the second day of the 
convention when tumultuous applause again and again inter- 
rupted the address of Honorable Andrew P. Calhoun, the com- 
missioner from the State of South Carolina, and the presiding 
officer was unable to restrain it, a resolution was introduced 
that the convention should deliberate in secret. 

John Tyler Morgan's Political Creed 

Morgan at once spoke in favor of the resolution to debate in 
secret. He said: 

So far, we have found it impossible to preserve 
proper order, and the result has been that we are un- 
able even to comprehend much that has been said by 
members of the convention. 
And then the distinguished delegate from Dallas uttered this 
sentiment, his life-long political creed, as it were: 

I am very fond of the people but I have always found 
that the best recommendation a servant can bring to his , 
master is, that he has done his duty, not with eye service 
. . . The best reasons can be shown for the adoption of 
the resolutions. It will remove from this chamber the 
hot impulse which moves the people to demand the im- 
mediate passage of the Ordinance of Secession. Every 
argument must be heard on both sides, and we must 
take counsel together. No one can render me a better 
service than to keep me in check until my judgment can 
fully approve a measure which every emotion of my na- 
ture urges me to adopt. 
Mr. Jones, of Lauderdale, Co-operationist, also favored the res- 
olution, saying: 

The boisterous manifestations of applause or dis- 
satisfaction are alike incompatible with the dignity of 
this body, and the calm and thorough investigation of 
the momentous issues entrusted to us. 
Much animated discussion followed, after which the conven- 
tion resolved to sit "as a general rule, with closed doors." 

Aid to Seceding States Against Coercion 

During the open session of the convention's third day, Mr. 
Coleman, of Sumter, introduced a resolution which brought on 
bitter tempered debate. The resolution was: 

Resolved by the People of the State of Alabama in 
Convention Assembled, That they pledge the power of 
this State, to aid in resisting any attempt upon the part 
of the United States of America to coerce any of the se- 
ceding States. 

Members like Co-operationist Jemison, of Tuscaloosa, who were 
opposed to immediate secession, desired that the resolution should 
be referred to the Committee of Thirteen, hoping to delay it there. 
Mr. Jones, of Lauderdale, also opposed the resolution, saying that 

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there was no necessity for haste: "There is no hostile army bat- 
tering at the gates of Charleston — no invading foe desecrates her 
soil. There is no voice from that quarter demanding our aid — 
there is no money wanted, no munitions of war needed, no 
soldiers asked." He urged that action be postponed until the 
next day, when, said he, "it is morally certain the Ordinance of 
Secession will be passed, and the members of this convention 
absolved by the sovereign authority of Alabama from their al- 
legiance to the federal government. Until the State so absolves 
me, I can not, and will not, vote for resolutions proposing to de- 
clare war on the United States." 

Yancey Discusses Treason to Alabama 

Morgan, of Dallas, spoke for immediate passage of the reso- 
lutions, as did William L. Yancey. The latter brought in the 
question of treason to Alabama, and his speech threw the con- 
vention into the wildest excitement. Du Bose in his "The Life 
and Times of Yancey," writes : 

Mr. Yancey rose, his countenance showing the utmost 
animation. He spoke for thirty minutes in most vehe- 
men invective. 
James Ford Rhodes says: "Yancey denounced the people of 
northern Alabama, who were opposed to immediate secession, as 
'misguided, deluded, wicked men,' who had entered on the path 
that led to treason and rebellion. He declared that they ought 
to be coerced into submission to the will of the majority." 

Yancey, in reply to the argument of Smith, of Tuscaloosa, that 
if the convention would wait until tomorrow the resolution would 
pass unanimously, and that if but a bare majority of the con- 
vention should give assurance of aid to South Carolina, which 
had already seceded, that state would regard it as an insult, said : 
It is useless, Mr. President, to disguise the true char- 
acter of things with soft words. Men, who shall, after 
the passage of this ordinance dissolving the Union of 
Alabama with the other states of this confederacy, dare 
array themselves against the State, will then become the 
enemies of the State. There is a law of treason, de- 
fining treason against the State, and, those who shall 
dare oppose the action of Alabama, when she assumes 
her independence of the Union, will become traitors — 
rebels against its authority, and will be dealt with as 
such. Sir, in such an event, the nomenclature of the 
revolution of 1776 will have to be revived. The friends 
of the country were then called Whigs, and the enemies 
of the colonies were called Tories. And I have no doubt 
that, however they may be aided by abolition forces, the 
god of battles and liberty will give us the victory over 
the unnatural alliance as was done, under similar cir- 
cumstances in the Revolution. 

In this great contest there are but two sides — a 
Northern and a Southern; and when our Ordinance of 
secession shall be passed, the citizens of the State, will 
ally themselves with the South. The misguided, deluded, 

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wicked men in our midst, if any such there be, who shall 
oppose it, will be in alignment with the abolition power 
of the federal government, and as our safety demands, 
must be looked and dealt with as public enemies. 

Convention Thrown into Alarming Excitement 

Du Bose continues: "The convention was thrown into an 
alarming excitement ; the members gathered in coteries, and bus- 
iness was, for the moment, suspended. Mr. Watts rose. His 
feelings were deeply moved, for many of the delegates upon 
whose heads his colleague had poured out a terrible wrath, had 
been his political and personal supporters and friends. 'I regret 
exceedingly (Watts said) the tone of the speech that has just 
been made by my colleague, Mr. Yancey, This is no time for 
the exhibition of feeling or for the utterance of denunciation,' " 

Mr. Jemison also deplored the speech. Mr. Nicholas Davis, of 
Madison, who later voted against the ordinance, was greatly 
stirred by Mr. Yancey's remarks. He regarded them as a re- 
flection upon the patriotism of his constituents in North Ala- 
bama. After the Civil War starts Davis will desert the Confed- 
eracy and take refuge behind the federal lines at Huntsville. 

Davis Challenges Yancey 

"We are told, sir," he said, "that resistance to the action of 
this convention is treason, and those who undertake it traitors 
and rebels .... We must be dealt with as public enemies .... 
I seek no quarrel with the gentleman from Montgomery, or his 
friends. Towards him personally, I entertain none other than 
the kindest feelings, but I tell him should he engage in that en- 
terprise, he will not be allowed to boast the character of an in- 
vader. Coming at the head of any force which he can muster, 
aided and assisted by the executive of this State we will meet 
him at the foot of our mountains, and there with his own se- 
lected weapons, hand to hand, and face to face, settle the ques- 
tion of the sovereignty of the people." 

Fortunately at this point the convention adjourned for the day. 

Ordinance of Secession Introduced 

On January 10, the fourth day of the convention, the opening 
session was secret. A telegram read to the convention an- 
nounced the secession of Mississippi. 

There was deep quiet in the convention hall when the next 
order of business, reports of committees, was reached. 

Mr. Yancey, chairman of the powerful Committee of Thirteen, 
arose. All eyes were fixed upon the great leader. He was of 
average height, deep-chested and broad-shouldered. Brewer 
says : "The features of his face were full without massiveness, and 
expressed the calm determination for which he was noted. His 
manner was grave and deliberate." His commanding appear- 
ance quickly attracted one's attention. Exceptionally handsome 
and well proportioned, Yancey radiated vigor, courage and man- 
liness. 

He then reported for the Committee of Thirteen, the weight- 

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iest document ever considered by the people of Alabama or by 
their representatives in convention assembled. It was the Ordi- 
nance of Secession, and it read as follows: 

An Ordinance to Dissolve the Union between the 
State of Alabama and other States united under the 
compact styled "The Constitution of the United States 
of America." 

Whereas, the election of Abraham Lincoln and Han- 
nibal Hamlin to the offices of President and Vice Presi- 
ident of the United States of America, by a sectional 
party, avowedly hostile to the domestic institutions and 
to the peace and security of the people of the State of 
Alabama, preceded by many and dangerous infractions 
of the Constitution of the United States by many of the 
States and people in the Northern section, is a political 
wrong of so insulting and menacing a character as to 
justify the people of the State of Alabama in the adop- 
tion of prompt and decided measures for their future 
peace and security; therefore, 

Be it Declared and Ordained by the People of the 
State of Alabama, in convention assembled, That the 
State of Alabama now withdraws and is hereby with- 
drawn from the union known as the United States of 
America, and henceforth ceases to be one of said United 
States and is, and of right ought to be, a sovereign and 
independent State. 

Section 2. Be it further declared and ordained by 
the people of the State of Alabama in Convention As- 
sembled, That all the powers over the territory of said 
State, and of the people thereof, heretofore delegated to 
the government of the United States of America, be and 
are hereby withdrawn from said government, and are 
hereby resumed and vested in the people of Alabama. 
The ordinance then declared that it was the desire and pur- 
pose of the people of Alabama to meet the slave-holding States 
of the South in order to frame a government upon the principles 
of the Constitution of the United States. It invited the people 
of the States of Delaware, Maryland, Virginia, North Carolina, 
South Carolina, Florida, Georgia, Mississippi, Louisiana, Texas, 
Arkansas, Tennessee, Kentucky and Missouri, to send delegates 
to a convention to be held at Montgomery, February 4, 1861. 

The Resolution of Jere Clemens 

Mr, Clemens then submitted a minority report on behalf of six 
members of the committee, Jemison, Watkins, Kimball, Winston, 
Lewis and himself, opposing separate State secession and urging 
that concurrent and concerted action of all the Southern States 
be had first. 

His resolution was couched in this language : 

That an ordinance of secession from the United States 
is an act of such great importance, involving conse- 
quences so vitally affecting the lives, liberty and prop- 
erty of the citizens of the seceding states, as well as of 

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the States by which it is surrounded, and with which 
it has heretofore been united, that in our opinion it 
should never be attempted until after the most thorough 
investigation and discussion, and then only after a full 
and free ratification at the polls by direct vote of the 
people, at election held under the forms and safe- 
guards of the law in which that single issue, untramelled 
and undisguised in any manner whatsoever, should 
alone be submitted. 
Mr. Clemens also submitted with his minority report certain 
resolutions calling for a general convention of the Southern 
States in Nashville on Washington's Birthday, and suggesting a 
basis for settlement of the existing difficulties between the 
Northern and Southern States. The Southern States were willing 
to remain in the Union if certain guarantees, somewhat like the 
Crittenden Compromise, were made. 

Minority Resolution Voted Down 

Mr. Clemens moved that the preamble and the first series of 
the minority resolutions be taken up and substituted for the 
Ordinance of Secession. By a vote of 54 to 45 the motion was lost. 
Mr. Clemens then moved an amendment that the Ordinance of 
Secession should not go into effect until March 4, 1861, and not 
then unless it should be ratified and confirmed by a direct vote 
of the people. 

Why Ordinance not submitted to Popular Vote. 

The real purpose of this motion was simply to delay Seces- 
sion as long as possible. Clemens knew that Secession was a 
movement of the people, not of the politicians, and that Seces- 
sion was inveitable. 

Moore, in his History of Alabama, writes: "When the Co- 
operationists saw that the Secessionists were inflexible in their 
determination to take the State out of the Union, they proposed 
to refer the Ordinance to the people, hoping to delay action, if 
not to defeat the Secession scheme." 

The Co-operationists may have had some hope of delaying 
Alabama's withdrawal from the Union, but I do not believe they 
entertained the slightest hope of preventing the State's Seces- 
sion. The logic of events had long made that certain. And 
events which had transpired during the first few days of the 
Convention made Secession a certainty. 

It may be argued, as suggested by the historian Rhodes, that 
the Secessionists would "have made their case stronger had they 
submitted the Ordinance of Secession to a popular vote." How- 
ever, he adds that there is no reason whatever for thinking that 
the Secessionists feared the result. Submitting the ratification 
of the Ordinance for the approval of the people meant delay, and 
the Secessionists "were anxious above all to get the proposed 
Southern Confederacy into operation." 

People Never Ratified U. S. Constitution 

But Mr. Yancey gave the best reasons for not referring the 
ordinance to popular vote, and the majority in their course 'had 

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the best of precedents' : the United States Constitution had never 
been submitted to the people for ratification. Mr. Yancey show- 
ed that delay would make Alabama's position dangerous, that 
she had gone too far to recede with dignity, and that further 
delay would but keep up strife and dissension among the people, 
and would not keep Alabama from seceding. 

"In this body is all power," he said, "no powers are reserved 
from it. The people are here in the persons of their deputies 
. . . Ours is a representative government, and whatever is done 
by the representative in accordance with the constitution is law ; 
and whatever is done by the deputy in organizing government is 
the people's will. The policy, too, is one of recent suggestion. If 
I am not mistaken, it was never proposed and acted upon prior to 
1837. Certainly The Fathers did not approve it. The consti- 
tutions of the Original Thirteen States were adopted by conven- 
tions, and were never referred to the people . . . The constitution 
of the State of Alabama was never submitted for popular ratifi- 
cation." 

There was no answer to Mr. Yancey's argument. The amend- 
ment to submit the ordinance to a vote of the people was lost 
by a vote of 54 to 45. 

All Steps Turn to the State House 

Friday, January 11, 1861, came. It was to be one of the high 
days in the history of the State. The long debates were over, 
the talk of statesmen was ended — the time for action was at 
hand. 

It was known in Montgomery, and over the State, Thursday 
afternoon that the vote would be had the following morning. 
And now that the solemn event in the life of Alabama was close 
at hand business in the city was practically suspended for the 
day. The merchants and business men were hard at work pre- 
paring flags and bunting, while citizens and visitors wended 
their way in ever increasing numbers to capitol hill. The State 
artillerymen had placed their guns that they might be in readi- 
ness to fire the salute which would announce to the world that 
Alabama had seceded. 

The Eleventh of January, 1861 

In the throngs hurrying to the capitol that day were many of 
the delegates to the convention. They were soon in their seats ; 
the hall was quickly cleared of the public, and the convention 
prepared to resume its deliberations in secret. 

The president read a telegram from the governor of Florida 
announcing that the State had seceded unconditionally by a vote 
of 62 to 7. 

It was close to eleven o'clock that historic Friday morning, 
when President Brooks rose and announced to the delegates that 
the special order was the report of the majority from the Com- 
mittee of Thirteen, and the Ordinance of Secession. 
^ John Witherspoon Du Bose says "the scene was very impres- 
sive and solemn, as the convention, in secret session, was about 
to poll the vote." And Hodgson tells us that "then occurred one 

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of the most interesting and painful scenes ever witnessed by a 
deliberative body sitting upon measures involving the life or 
death of States. The members of the minority before casting 
their votes, protested against the act about to be committed, and 
each in turn raised his warning voice." 

While the convention was preparing to vote in its hall, the state 
senate chamber, just across the rotunda, was crowded with a 
huge throng of loyal Southerners listening to secession orations 
by some of the State's most gifted sons. At all times the crowd's 
enthusiasm was at high pitch, and often the uproar was so loud 
that the convention, sitting in secret behind heavy oak doors, had 
to pause in its work. 

Bishop Cobb's Prayer Granted 

In one Montgomery home there was sorrow that day for in it 
a beloved Alabamian, one of the makers of the State, lay dying. 
The sands of his life were running swiftly that Friday morning 
while the convention held its momentous session, and it was the 
dying man's wish that God might call him home before his State 
seceded. God was to hear and to answer the prayer of his faith- 
ful servant that morning, and Nicholas Hamner Cobbs, first 
Episcopal Bishop of Alabama, was to die just an hour before 
the bells rang out Alabama's withdrawal from the Union. 

The Convention Prepares to Vote 

"The Secessionists were of one mind in regard to Secession," 
says Fleming in his 'Civil War and Reconstruction in Alabama,' 
"and did not debate the subject; the Co-operationists, all from 
North Alabama, were careful to explain their views at length in 
their speeches of opposition," 

Twenty-three members addressed the convention before the 
vote was had. Seventeen declared they would vote against the 
passage of the Ordinance of Secession. Seven others announced 
that they would vote for the Ordinance. Among them were 
three members who had been elected as Co-operationists. Colonel 
Clemens, who was the leader of the Co-operationists, was of this 
number. He stated, however, that if his vote would keep Ala- 
bama in the Union, he would vote against the Ordinance of Seces- 
sion. 

Mr, Yancey, as chairman of the Committee of Thirteen, closed 
the discussion in one of the ablest speeches of his long political 
career, stating succinctly the reasons which impelled him to be- 
lieve that the ordinance should be passed. In conclusion, he said : 
"I now ask that the vote may be taken." 

Alabama a Free and Independent State 

Quietness settled over the hall of the convention. 
"The secretary will call the roll," directed President Brooks. 
"Mr. President," the secretary began. 

"Aye," answered the presiding officer. And the passage of 
the ordinance had begun with the first vote cast. 

The roll was quickly called. Tears suffused the eyes of some 

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of the delegates, and many voted with marked sadness of voice 
as the State prepared to separate itself from the old Union. 

Now the call of the roll is finished. There is the rustling of 
papers on the clerk's desk, the quick addition and verification of 
figures by the secretary. He turns to the president of the con- 
vention on the speaker's platform, and, as President Brooks 
leans towards him, whispers the result of the vote. 

"Upon a counting of the votes," declares the president with 
deep emotion and solemn voice, "it appears that there are sixty- 
one ayes and thirty-nine nays. 

"The Ordinance of Secession is adopted. I declare the State 
of Alabama now free, sovereign and independent." 

The convention immediately removed the secrecy from its 
proceedings and, on motion of Mr. Yancey, threw open its doors 
to the public. 

The People Rejoice 

My account of the convention might well close here, but in 
order that you may have a mental picture of the final scene at 
the capitol I quote these words from Joseph Hodgson: 

"The vast multitude which had assembled in and about 
the capitol, thronging the corridors and vestibule in 
anxious expectation of the news, as soon as the doors 
were opened, burst into the lobbies in a fever of excite- 
ment and enthusiasm. The Senate Chamber, within 
hearing of the Convention Hall, had been thronged with 
citizens from an early hour, who had listened to 
speeches from distinguished men, and whose rapturous 
applause had constantly reached the ears of the con- 
vention. Now the rush to the lobbies, to the galleries, 
and to the floor of the convention chamber, resembled 
the rush of a mountain torrent. In an instant salvos of 
artillery heralded the event, and banners were displayed 
in all parts of the little city. As if by magic, an immense 
flag of Alabama was thrown across the hall, and was 
greeted with cheer upon cheer until the rafters fairly 
rang with the applause. Mr. Yancey presented the flag 
in the name of the ladies of Alabama, and paid a splen- 
did tribute to the ardor of female patriotism. It was ac- 
cepted by Mr. Alpheus Baker in one of those glowing 
speeches for which he was so famous, in which the word 
painting was so brilliant and electric as to captivate 
every heart. 

"Throughout the day the roar of peaceful guns con- 
tinued ; more flags leaped every moment to the wind, un- 
til the air was heavy with the vast expanse of gorgeous 
bunting. Speeches of congratulations were being made 
by eloquent orators to the wild populace ; and every- 
where was seen an enthusiasm such as perhaps never 
before in the annals of the world greeted the birth of 
a new government." 

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